Take note

The content of this blog is based on publicly available information and is intended to convey a short summary of facts surrounding each Victorian murder and the sentence imposed. It is not pushing an agenda for harsher/more lenient sentencing practices in Victoria.

Wednesday, March 27, 2013

Cranbourne Drug Dealer Dies by Shovel and Nylon Strap

A 48 year old man was fatally beaten and strangled in his home.
Crime: Manslaughter

Occurred:  Saturday, 20 August 2011

Where: 15 Golden Wattle Court, Cranbourne

Sentenced:  27 March 2013

Convicted:  Glenn Hollow

Victim:  Laurence Grey

What happened?
In mid-August 2011, Glenn drove down from Sydney to visit his sister in St Kilda.  He met up with a friend, Anthony Lucas, and the two men spent a few days living in their cars, tight for cash.  On Saturday, Glenn texted several people, asking for $50.  Later that day, both men drove down to Laurence's house in Cranbourne.  Laurence shared some heroin with Anthony and then showed his guests a couple of cars that he was restoring.

At some point during the visit, Laurence was struck over the head with a post-hole shovel and strangled with a black nylon strap.  Both Glenn and Anthony participated in the attack.  They stole cash and cannabis and fled back to Melbourne.

Laurence's body was discovered two days later on his patio.
Laurence's house at 15 Golden Wattle Court, Cranbourne (source).

Victim's background
Laurence was 48 years old at the time of his death.  He was described by police as a low level drug dealer, selling approximately half a pound of cannabis a week for the last 10 years.  Laurence's best friend told the media that Laurence was very excited about a new job he was going to apply for: "He was cleaning himself up, he was getting himself together, and then this happened".  After his body was discovered, police publicly appealed to his former drug customers, who may have visited the premises around the time of Laurence's death, to come forward and share any relevant information with authorities.

Laurence left behind his 80 year old mother, a sister, and a brother, who he had not spoken to for two years. Laurence lived alone with two dogs.
Laurence Grey (source).

Convicted's background
Glenn was approximately 34 years old at the time of the killing.  Born and raised in Ararat, he was the middle child of three.  He was sexually abused as a child.  His older brother died in a car accident at age 27. He left school in Year 10 and joined the army aged 15, participating in tours to Somalia, Cambodia and Bougainville.

At age 18, after he was dishonorably discharged for assaulting an officer, Glenn moved back to Ararat to live with his parents and work at his mum's cafe. Not long after, he was arrested for car theft and possession of a firearm, which is likely to have been related to an incident where he stole his mother's car and threatened to commit suicide.

He became a truckie and at age 22 moved out of home to live with his girlfriend, and later wife, Kelly Martin, and they later had three kids, today aged 15, 12 and 10.

At 23, Glenn received a suspended sentence and a community service order for stealing $140,000 from his employers.  After serving out the order, he moved his family to Queensland and worked as an estimator. After being overlooked for a promotion he stole $100,000 from his boss.  He was charged and released on bail but fled to Melbourne with his family, where he returned to truck driving and amphetamine use.  After a truck roll incident in 2006, he required a spinal fusion and suffered ongoing back pain.

At 31, Glenn's marriage was failing.  Around this time he entered his wife's caravan with an offensive weapon and was sentenced to 14 months in prison (5 months before eligible for parole).  After serving 6 months, he was released and extradited to Brisbane where he was sentenced to 4 years and 6 months imprisonment. He was released in August 2010 after serving 2 years, and then violated his parole conditions in order to relocate to Victoria.

Glenn also has a history of abusing painkillers and amphetamines and also has been diagnosed with borderline personality disorder.

Glenn was a truck driver (source).

Outcome of trial: Glenn initially pleaded not guilty but during the trial changed his mind.  The trial was discontinued.  The judge estimated that this saved two weeks of the Court's time.

Sentence: 7 years and 3 months before eligible for parole (10 years max), with over a year and a half already served while on remand.

You can read the judgment here.  News articles are available here, here and here.

Gas Bottle Dispute in Goroke - Pregnant Woman Murdered

A 35 year old woman died from a gunshot wound intended for her fiance.

Crime: Murder and reckless conduct endangering life

Occurred: Sunday, 12 February 2012

Where: Goroke

Sentenced:  27 March 2013

Convicted:  Michael Terrence Kelly

Victim: Julie-Anne Trenery-Rogers

What happened?
Michael had a friend who died of an epileptic seizure in January 2012.  Michael became angry when later in the same month his son informed him that he had seen a man named Peter Brown taking items from the deceased friend's house.

Michael rang the police and then drove to Peter's house in Goroke with the intention of "giving him the hiding of his life".  Peter wasn't home but Michael did notice a 45 kilogram gas bottle in the yard, which he believed was taken from his deceased friend's house.

A little later, on 11 February, at somebody else's house, an altercation occurred between Michael's wife, Michael's son and Peter Brown.  Peter yelled "I'm going to kill someone, it's going to be another Horsham incident" (referring to this murder that occurred the day before).

Michael's wife later reported the incident to Michael, who was incensed.  He rose the next morning and began drinking at 10am, continuing throughout the day.  At 8:30pm he grabbed his .22 rifle and set off for Peter's house.
Police attend at Peter Brown's property (source).

Upon arriving, he fired off a shot through the front window and then forced his way into the house through the locked back door.  As he entered, Peter ran down the hallway to the front door.  Between the two men stood Julie-Anne, Peter's fiance, who cried out, "Don't do it!"

"Shut up, slut," Michael said, before firing off another shot at Peter.  The bullet entered Julie-Anne's back and pierced her heart, killing her at the scene.

Meanwhile, Peter was hiding at the back of his property.  After an unsuccessful search, Michael fired one more shot into Peter's car before driving away.

Victim's background
Julie-Anne was 35 years old and 20 weeks pregnant when she died.  She had another five children, aged from 20 months up to 14 years.  She was engaged to marry Peter Brown.  Julie-Anne's mother and brother have since had to rearrange their lives in order to care for the five children.  One of Julie-Anne's sons wrote in his victim impact statement, "There is only one Mum in the world for a child".  One of her daughters also wrote "Everything I pictured with Mum I don't picture anymore and I struggle to see my future".
Julie-Anne (source).
Convicted's background
Michael was around the age of 47 years old at the time of Julie-Anne's murder.  He grew up in Adelaide and was gang raped in Canberra at age 15.  He left school in Year 10 and subsequently held a number of jobs in manual labour and as a tattooist.

He has a history of poor health, suffering from three heart attacks since the mid-1990s.  He also had sciatica since 1995 and around 1998 contracted a post-surgical infection following carpal tunnel surgery.  He has been on a disability pension since 1995.  He also describes himself as an alcoholic.

Michael Drummond (source).
His first marriage ended after his wife cheated on him with his brother.  In response, Michael set the family home on fire and was convicted for arson.  Since then, he remarried and has five children.

He also has prior convictions for offences relating to dishonesty and property damage.

Outcome of trial: Michael pleaded guilty so there was no need for a trial.

Although he did not intend on killing Julie-Anne, he was nevertheless charged with murder because in Victoria, a person who unintentionally kills another in the course of a violent crime is liable to be convicted of murder as if they had done so intentionally.  This is sometimes referred to as statutory murder.  Michael's lack of intent remained relevant, however, when determining the appropriate sentence.

Sentence: 16 years before eligible for parole (19 years maximum), with over a year already served while on remand.

You can read the judgment here.  News articles are available here, here and here.

Wednesday, March 13, 2013

Geelong Man Kicked to Death for Defecating on Floor

A 55 year old alcoholic was bashed to death in a Geelong hotel.

Crime:  Murder / manslaughter

Occurred:  Sunday, 2 October 2011

Where:  Sir Charles Hotham Hotel, Geelong

Convicted #1:  Bradley James Walters (murder)
Sentenced:  7 December 2012

Convicted #2: Brett Ross Drummond (manslaughter)
Sentenced: 13 March 2013

Victim: Edwin Singer

What happened?
Bradley, Brett and Edwin were residents at the Sir Charles Hotham Hotel in Geelong.  Bradley and Edwin were unemployed alcoholics.  Brett worked in a local factory and also drank heavily.

Bradley and Brett were friends with the hotel cleaner, who had complained for some time about Edwin's habit of defecating in public areas of the hotel.  Over a number of incidents she discovered faeces on the carpet and sheets in his room, in the foyer, out on the street and in the bathroom.  Hotel residents, including Bradley and Brett, were growing increasingly upset at this behaviour.

On the Saturday before his death, a large smear of faeces appeared on the hallway carpet outside the bathroom door.  A trail of footsteps led back to Edwin's room.

Bradley confronted Edwin and told him he had a day to clean up the mess, but Edwin denied responsibility.

On Sunday, Bradley drank five to six litres of cask wine before intercepting Edwin on his way to the bathroom.  Bradley punched Edwin until he was on the floor and then kicked him repeatedly with his steel capped boots.

Bradley returned to his drinking while Edwin crawled back to his bedroom.  At various points in the evening Bradley returned to continue his assault on Edwin, at one stage accompanied by Brett, who also joined in the beating and who had consumed at least ten beers.

Later in the evening, the men dragged Edwin out to the fire escape.  He was either dead at the time or died soon after while he was at this location.  The men later dumped Edwin's corpse in a driveway neighbouring the hotel.

Victims' background
Edwin Singer (source)
Edwin, who was 55 years old at the time of his death and suffering from emphysema, died from blunt force trauma and sustained a number of injuries including a fractured nose, sternum and 27 rib fractures.  He is survived by a sister, a daughter and a step daughter.  His daughter, who was already suffering depression before his death, has deteriorated in mental condition since he was killed and now requires significant care from her step sister.  He was 55 years old when he died.  A year before his death he had participated in a newspaper interview and told journalists that he was a former social worker and had worked at Deakin University, but it is not clear whether this was true.

Convicted #1's background
Bradley was 45 years old at the time of the attack.  Born in Geelong, the middle child of five children and the son of a truck driver and a canteen worker, he did not enjoy a good relationship with his father and began drinking on a daily basis by the age of 17.  He left school at the end of Year 11.  At 22 he left home and fell in and out of employment, ending up mostly working in fruit picking, a lifestyle that enabled him to continue to drink heavily.
By the age of 27 Bradley had two children to another alcoholic, Pauline.  The couple were unable to look after their children and when the kids were aged 5 and 7 they were placed into the welfare system and Bradley has not seen them for over 12 years.
The Sir Charles Hotham Hotel (source)
A psychologist who interviewed Bradley for his trial observed that Bradley 'seems to be of the view that alcohol is the only thing that can give his life even the most fleeting sense of meaning'.

Convicted #2's background
Brett was approximately 44 years old at the time of the murder.  Born in Geelong, he was the middle child among six siblings.  His mother and father were both alcoholics and Brett suffered sexual abuse at the hands of two uncles.  By the time he was six years old, all of the children in the family had been placed into alternative care.  Brett spent the rest of his childhood in and out of boys' homes.  He began drinking at 14.  He left school after Year 10 and worked as a factory hand and woodcutter.  A psychologist described that at the time of sentencing Brett was "bordering on frank alcoholism".

Brett has a low IQ.  He has a prior criminal history that includes three assaults, dishonesty and driving offences, and a period of imprisonment.  At the time of the manslaughter he was on a suspended sentence for driving offences.

Outcome of trial
#1:  Bradley confessed what he did to police and was willing to plead guilty to manslaughter, but due to a number of factors (including that he continued to return to Edwin for more beatings throughout the night of the murder, indicating deliberateness), the prosecution pursued a murder charge and the matter proceeded to trial, where Bradley was found guilty by a jury of his peers.

#2:  Similarly, the prosecution pursued a charge of murder against Brett but changed its mind shortly before the sentence was handed down.  Brett pleaded guilty to the lesser charge of manslaughter, and no trial was necessary.

Sentence
Bradley was sentenced to 17 years imprisonment before eligible before parole, 20 years maximum.  The judge recognised that Bradley had already served well over a year of his sentence whilst on remand.

You can read more about the crime here and here and the judgement for Bradley here and for Brett here.
The crime scene near where the body was found (source)


Friday, March 1, 2013

Doncaster Dad Stabbed Wife to Death - Not Guilty

A woman was killed by her psychotic partner in front of her 11 year old daughter.

Crime: Murder (not guilty)

Occurred: 8 August 2010

Where: Marilyn Street, Doncaster

Sentenced:  1 March 2013

Not convicted:  Sestilio Cavallari

Victim:  Susan Wood

What happened?
Sestilio and Susan had been in a de facto relationship since 1985.  They had an 11 year old daughter, Tegan.  In the days leading up to Susan's death, Sestilio was acting a little off.  On 6 August 2010, he stood up his wife for lunch and later they had an argument.  He also booked a ticket to Italy, telling the travel agent that he needed to go by 9 August because "something bad [was] going to happen".  When the travel agent later rang to tell him that his Italian passport was expired and he wouldn't be able to use it for travel, Sestilio said he was already aware that was the case.

Susan was so worried by her partner, who was not talking much sense, that she rang her father to express her concern.  She asked her dad and brother to come over, but Sestilio took the phone and said that it was not necessary.  After another argument, Sestilio left the house and later returned, eventually tearing up his plane ticket. "I'm not going, but something's going to happen," he said.

Later that night, upon her father's request, Tegan slept in his bed.  Throughout the night she heard him say, "They're gunna take me away, they're gunna lock me up and your mum will know what she's done to me."

The next morning, Tegan heard her parents arguing and then her mother started screaming.  She ran into the bedroom to see that Sestilio was attacking and scratching Susan, and there was blood in her hair.  Susan cried out for Tegan to call triple 0.  Sestilio dragged Susan by her hair into the kitchen.  By the time Tegan had called emergency services and returned to the kitchen, her mother had been stabbed 37 times.  She died of wounds inflicted to her neck.
The street where Sestilio and Susan lived (source).
Victim's background
Susan is reported to have been 52 years old when she died. She was an associate director of an investment group.  She worked full time while Sestilio was the primary carer of Tegan.

Sestilio's background
Sestilio was reported to be 56 years old at the time of the murder.  Medical experts at his hearing described that during the murder and afterwards, he was in a psychotic state.  However, no underlying disorder (ie schizophrenia) had been diagnosed at the time of the hearing.  One doctor noted Sestilio's wish to reconciliate with Susan's family, and that as Sestilio tries to maintain a relationship with his daughter in the future, he will be at increased risk of depression and a relapse into psychosis.

Before and during the hearing, Sestilio was a patient at the Thomas Embling Hospital.

The Thomas Embling Hospital in Fairfield (source).

Outcome of trial
In 2012 a jury found that Sestilio was unfit to stand trial.  A subsequent hearing occurred before a judge who, after considering the evidence of several medical professionals, determined that Sestilio was not guilty on the basis of mental impairment.

The judge noted that Susan's brother, Dr Graeme Wood, had been receiving "persistent" contact from the hospital where Sestilio was staying, which was "on the surface of it, appear[ed] to be extremely insensitive".  The judge further observed that the particular order imposed on Sestilio did not enable conditions, but recommended that hospital staff discuss the issue with Dr Wood.

Sentence: Sestilio was made liable to a custodial supervision order and committed into the custody of the Victorian Institute of Forensic Mental Health.  The nominal term of his order is 25 years beginning from 8 August 2010.

You can read the judgment here.  A news article is available here.  You can find more information about mental impairment and custodial supervision orders in the Victorian criminal justice system here.

Thursday, February 28, 2013

69 Year Old Vigilante Stormed Hidden Valley

A 62 year old man was tracked down in the White Pages and murdered.

Crime: Murder

Occurred: 23 November 2011

Where: Hidden Valley

Sentenced:  28 February 2013

Convicted:  Clarence Stanley Nelson

Victim:  Graeme Benney

What happened?
Clarence and Graeme were acquainted through their wives, who were first cousins.  The two families spent a lot of time together while their children were young.  It was common for the kids to sleep in one room when the families were socialising.  However, the friendship drifted apart when Graeme and his wife separated in 1989.

In 2000, Clarence's children, now adults, reported among themselves instances of molestation at the hands of Graeme Benney and also Clarence's brother, Gregory Nelson.  No one went to the police regarding these allegations.

However, word did get to Clarence, and it appears he experienced some anger and held a grudge, for 11 years later he met an acquaintance at a shopping centre and produced a bullet from his pocket, describing it as intended for his brother.

In November 2011, following an instance where Clarence licked the inside of his 5 year old granddaughter's ear, one of Clarence's daughters alleged that Clarence had molested her until she was 15 years old.  Following a confrontation outside his son's home, Clarence's son told him "I know what you did...I'm going to bring your world undone.  You're fucked."

Clarence was unable to contact his daughter who made the accusations.  Instead, he walked into the garage and emerged with a 9mm semi-automatic pisto and ammunition.  The first target was his brother, but Clarence was unable to track down Gregory through the White Pages and family enquiries.

Clarence then turned to tracking down Graeme.  He drove to Graeme's address, arriving at roughly 8:15pm, whereupon he went inside and had a superficial, pleasant conversation with both Graeme and his wife.  Clarence then asked Graeme to join him outside to inspect some panel damage on his car.  Once outside, Clarence reached into his car, pulled out the gun and shot Graeme three times, saying "This will teach you, you bastard, for everything you've done" while Grame's wife stood nearby.

Graeme died of blood loss and internal organ trauma.  He suffered wounds in the heart, lung, stomach, bowel and kidney.

Later that evening, Clarence turned himself in at the Epping Police Station.

Victim's background
Graeme was 62 when he died.  He remarried in 1993 and lived in Hidden Valley with his family.  He leaves behind a widow, children and grandchildren.
A 9mm semi-automatic similar to the model used by Clarence (source).

Convicted's background
Clarence was 69 at the time of the murder.  He was born the eldest of eight children.  His father was a World War II veteran, who returned home to Australia injured and alcoholic.  Clarence grew up suffering physical abuse at the hands of his father and was also molested between the ages of nine and 12 by his father's friend.  He was pressured into a sexual relationship with his mother's best friend when he was 14.

Clarence finished Year 10 at a technical school and became a fitter and turner.  Successful in his career, he was an engineering manager at Carlton and United Breweries until he needed quadruple bypass surgery in 1990.

Clarence was a well-regarded member of his local parish and cared for his wife who suffered from a mental illness.  He had no prior convictions before the murder.

When first imprisoned, he attempted suicide.  He continues to suffer health issues today.  In sentencing, the judge remarked that he may die in prison.

Outcome of trial: Clarence pleaded guilty and no trial was necessary.

Sentence: 12 years before eligible for parole, 18 years maximum.

You can read the judgment here.  News articles are available here and here.
Hidden Valley (source).

Tuesday, February 19, 2013

Dromana Woman Died in Post-Coital Attack

A 54 year old woman was beaten to death after sex.

Crime:  Murder

Occurred:  26 April 2011

Where: Unknown address, Dromona

Sentenced:  19 February 2013

Convicted:  Dwaine Anthony Grant

Victim:  Julie Simmonds

What happened?
Despite the 22 year age gap between the couple, Dwaine and Julie had a sexual relationship dating back to Dwaine's early teens.  Over the last year, since Dwaine had moved to Dromona, the two were regular drinking buddies.  On the day of the murder, they drank cask wine and smoked pot together.  Later in the day, they had sex and then something, it is not clear what, made Dwaine snap.  He called Julie a "fuckwit" and a "gutter slut" and proceeded to beat her viciously, beginning in the living room and then moving into the bedroom, choking her to the point of crushing her larynx, ripping chunks of hair right off her scalp and battering her all over, including around her genitals and anus. He held her by the hair while punching her and finished off by repeatedly hitting her over the back of the head with a lump of wood. Julie died of "multiple injuries including neck compression" and was alive for the entire beating.

Victim's background
Julie, aged 54 at the time of her death, was an alcoholic.  She left behind three children and an ex-husband.  In sentencing, the judge commented that Julie's family were left with "a cruel and unjustified feeling that they did not protect her adequately in the vulnerable state which it was plain her alcoholism created".
The Dromana pier (source).

Convicted's background
Dwaine was 22 years old when he murdered Julie.  His father died before he was born and his mother found an undesirable de facto partner.  Dwaine experienced sexual abuse, witnessed ongoing domestic violence, and spent his earlier years in foster homes. Early on, Dwaine began racking up a series of offences in the Children's Court, related to dishonesty and motor vehicle offences.  He moved to Melbourne as a young adult and obtained a series of partial trade qualifications before he was sacked for his alcoholism.  In 2010 he moved back to Dromana where he spent his days drinking and lived on welfare.  As well as alcohol, Dwaine was a cannabis and (alleged) amphetamine user.
Dwaine also held a number of convictions in the Magistrates Court, none of them related to violence.
Dwaine and Julie drank cask wine on the day of the murder (source).

Outcome of trial:  Dwaine pleaded guilty so there was no need for a trial.

Sentence:  16 years before eligible for parole, 20 years maximum.

You can access the judgment here.  Media articles are available here and here.


Tuesday, February 12, 2013

Baby Died in Glenroy Driveway

A ten month old baby died inside a closed car on a warm day.
Crime: Manslaughter

Occurred:  5 November 2011

Where: Glenroy

Sentenced: 12 February 2013

Convicted: Michelle Nguyen 

Victim:  Thy Tran

What happened?
At approximately 11:30am on a warm spring Saturday, 20 year old Michelle Nguyen took her two daughters, Thao and Thy, for a drive around the neighbourhood so that they would fall asleep.  When Michelle arrived back at her friend's house, Thao awoke and Michelle took her inside, leaving Thy inside the car to sleep.

A little later, Michelle checked on her baby, made sure she was still asleep, and then shut the car door without leaving the window down.  The temperature outside was 28 degrees celsius.  During the next few hours, the temperature inside the car reached almost 49 degrees. Meanwhile, inside the house, Michelle fell asleep watching tv.

At 2pm, Michelle awoke and checked on her baby to make the horrific discovery that her child was dead.  Michelle moved the baby inside, rang emergency services and tried to resuscitate her with no success.  When paramedics arrived, Michelle initially stated that her child had died inside the house, but this story did not add up; even deceased, Thy's temperature had a reading of over 41 degrees celsius.  Later she admitted to police that the death had occurred inside the car. Thy died from hyperthermia.

Victim's background
Thy Tran was a 10 month old baby when she died.  Her father was in prison at the time of her death.

Convicted's background
Michelle's mother was 14 when she had Michelle in Australia.  Both of Michelle's parents were heroin users and split up when Michelle was 11.  She has one half-sister.  She attended Marion College in Sunshine West until Year 10 and later began a hairdressing course at Vic Uni.  Around this time, she entered into a relationship with a heroin trafficker 12 years her senior.  She had her first child at 17 by accident and had her second daughter, Thy, when she was 19.  Shortly after Thy's birth, Michelle's partner was imprisoned for drug related offences.

At the age of 16, Michelle became a regular user of ice and methamphetamine and developed a heroin addiction.  While pregnant she moved onto alternative therapies and participated in a specialist program at Sunshine West for drug dependent expectant mothers.  After her children were born she resumed using heroin.

At the time of Thy's death, Michelle was not enjoying a good relationship with her mother and was staying at a friend's house who provided a mattress to accommodate Michelle and her two daughters.  In the time leading up to her baby's death, Michelle had been warned by several individuals to be careful about leaving her in the car alone.

Shortly after her baby's death, Michelle's partner was released from prison, and was allegedly physically abusive towards Michelle and destroyed her possessions until she broke off contact with him.

Michelle had no prior convictions when sentenced.
Michelle Nguyen in Court (source).


Outcome of trial: Michelle pleaded guilty so a trial was unnecessary.

Sentence: Nine months minimum before eligible for parole, four years maximum.

You can read the judgment here.  News articles are available here, here and here.